OCR Interpretation

The New York herald. [volume] (New York [N.Y.]) 1840-1920, April 27, 1859, Image 3

Image and text provided by Library of Congress, Washington, DC

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83030313/1859-04-27/ed-1/seq-3/

What is OCR?

Thumbnail for 3

Who *llbw?ed the whole triuieacuon, and who coald sty
1a?X vci? who n ?u that u(M Us pisMI la questMu } Th* I
feleaoe bail referred m Mum?rf Mingo, biillkttwu% I
Cut wi mutual corneal.
Mr. Brad>?Tue q<MtliOD tk?i? arose an to whoth^ mv
lit* ahoald b? ptovert, M<1 Jul fit Our 11* rolwl th^t uu0nr
All u? tlrcunnitaiices ef the cue, ihe rt?^4lbt|Uy
your* ok the proe?c?*tm? to prove h?1k? ||? coo lea J ?d
Uiat wher- u>* pmfw.ution (tiled to giva ernleooe aa to
Ike conliovoisy brtwe<u the pullet u ihe moment uf the
htmikh*, ire Jury tboula ftr^ait
The 0MMK.I Attorney replied that the plea in Mingo's
(Hi was 4 p'ea of 8?lt deTeuov, and that wee so nntalked
01 the evidence liiat the Ju !ge had the ioipriS8">n
Mai It *a?a Gate of tell defence; but la this cam ihe ori?Bi.oe
IU put upon the wine that >lr P.oklts iuteuilod h
kl'i Mr. Key, au<l that b? was jusMOed In kll lag b'i"
Cause! lei the defence had arg<?>d that eoohog time ap
tied only to basis of mutual combat, aud thai lUia not
tug a cue ot mutual combat, the principle of cool.n^
itaae did not apply.
Ilittr'ct Attorney?U ?? e?td 10 be a c.tnceitum ha this
aae Ihit there wa* ?n InUntiou to kill. Now, be h?ll
Iktl wheie ibero wa? an inu.ntiuu to ktil, that i? a proof
f aiilico. Malice and tbe intern to kill were, ui ca?m
where there waa do mutual onuihat, one and thi laine
thing. II me dtfvnce claimed tbe exclamation *r
Mr eiokles an pioot that at the moindntof the hoinicde
thrre waa no malice, he aaku), c mid he not refer to uiat
th< r ctc.aralton, wuer'in th-j piUoncr followed up the
Mitt ejLC.aaiation by the question, " In the d?J villain
U. auf" To b? wind tlut inevitably proved lutlioe.
tw learned fried (Mr. Frady), iu one of his
a>iy wbeolin|?, had Mid that If Philip Bartou
K?y oould lie |>ut npou the utand, he would k?j bo aad
?o. 1 would 10 Uad, said Uie I> Htriot Attorney, tha
Ptlllp Iiarton Key could he put upon the it&nd. I'orba|4
much that :b now dark, much that to now covered
with g.oom, much that ta now not understood, oould
l'? made )>iuln ae if by tbe tithing of tbu m lubu.im.
1'erbapH the gent.cman (Mr. Brady) might bo put In
ptsowicD of incut of ?bleh be does not now dream,
aid which he doc* not now believe to oaiml It might
abow a very dilfon-nt transaction from Ibitt which has
b> en fainted by the ev deuce. Tlie only party who
' ???* ' ? In h a Knhulf Viau ha.tn
BUetred lb dram, and the testimony wtncli inlgbt have
b< *d adduccd fur tb? niir|???- of vindicating but character
K unknown and unbeard; ihorefor#, to far a* b? Is onwrced,
tt is the tame aa If that testimony bad never existed.
Be m>i,bt have ibown, perhaps, toat although sinning turn ?lf,
be was sinned agtlnst: that, in "tea I of aa baa been
charged ia this ca*t>, bl? entering into tbe house of bis
bosom friend for Ike purpose of wronging him, oialig
aantly and viokbtly, in lirflaooo of all tbe lawsol God anil
nan, ana of tbe tacrud obligation* of friendBbip, be bim
loir wait aedneed by tbe temptations repeated and continued
until these higher moral bulwarks Uut should have
supported bis character gave way buneath repeated
sbocka. 1 say not wbetber it waa so, or waa not so; the
<019 i>arly that could have had toe opportunity of bring
bg that evhleoco bee and vindicating hia character la
(one; 1 aay not what the foot waa.
Mr. Brad>?The District attorney will recollect that we
afTered to prove hia jwu declaration, that this was a mere
child, and that hi atood in parebtal relations to ber.
Tbe District Attorney mule do reply, and pursued that
point no further. There ?as but oue other position to
which be wowd allude, and that waa the oonnection of
this qur?tton with insanity. Tbe matter ot insanity had
fMfliu.ntl? nmlAP Lhfl mnflMiintion of thll Onnrt. &nH
fee vonio therefore simply refer to some*doctrines which
with great tolemnity and authority h?d been given
at other times, bearing on th? qwihn now under
dtsrasMon. He wouid refer particularly to the opinion
rendered by the twelve judge* in Eugltnd In the
McNaughUn case, tn respoute to oertaln queries profoitided
by the House or I/>rds. That decision, as
Tendered by Chief Justice Tlndali, apiieared to him a
model not only of eloquence, out of Jadioial learning.
Ooanaol re d some of the queries and respinw, comMinting
upon a? be proceeded, and referred to other autb?rlti<*>
beating on the same point, amoog them to Chief
Jwtloe Horn burner's ruling in Spencer's case, quoted in
Wbarton'a Criminal Law, 7,12. His Honor himteli had
decided that it was not necessary for the United fttatee to
preve the sanity of the accused. This plea of insanity
vas In the nature of a special defence. Nay, in the
latnre of a plea of confession and avoid anoe It was no
rssary for such a plea to be proved to the satisfaction of
the Jury. If a suit were brought against a married woman
on a bond, and if aha pleads that she is a married
woman, unless she succeeds In satisfying the Jury of the
trath of that plea, issues of law and fact are both found
against her.
Mr. Brady?How would it be if the general issue was
0a recordf
The District Attorney?Ho qnestion cannot arise except
n a plea of confession and avoidance, and that admits
fee nlaintilTs case; so a plea of insanity admits the charge.
Mr. Carlisle?lhe confesavon stands without the avoidTbe
District Attorney?Certainly. He wotld not put to
Ms Honor the argument as to the facility with which insanity
may be simulated or feigned, and bow wrong it
Vtold be to let the party accused thus e*c.p? tbe Just punishment
which his crimes should bring down on his
fliillv head.
Ibe prisoner baying been brought Into Court, from which
be had bee n temporarily absent, Judge Crawford proceeded
to addrt-u the jury. He said:?
Gxhtlkmw or tiib Jurt?The Court is asked to give to
the Jury eeitain instructions, wbetrer on the part of the
United Stales or on the part of the defence. The first
tetructioB asked by the United Stales is in the following
Fint If the jury believe, from the fvldet.ee In thin whole
aui Uiat tke prltoner on th- day named is thi Indictment,
id in (he musty of Wasblsstou aforesaid, killed the
SUM PkiNp Ho too Key, by du barglog at, agaluai in 1
bin tie budy of him. the add fhi iu Bwton Key, a platol
?rviawla. ioartM with gunpowder and ball, thereby civk>*
kun a mcrial wound or won-da and that runh kill
tag was %ke wilful ard lawntionai act of the prleooer, the
weaindo'ee lit ih* to l et <h?t ih- Mid deceased had ae*u ed
Ha ih?i piiaotf a) wife; acd on some ilay or daye, or for any
D?rlod d?no i? rr li>c c*nlwi. p'ier to the da* o< auch klllio<.
had adul'nm.e livrsonn? wlik <be ??d wt?e, and that the
primer waa ?<A rmoked loan h ttiline b? any aa?%u!t or
ijfftr of *10 envi then cawd and there made by the deeeaaed
upea er a* >n?i bim, then eieh wtirul and Inlenuontl silling.
If foukd by 'he J'iry upon ail the fade and circum?Urree
yt?er Id * ?n<ler. bat ?n-h ki ling CinvH be
found to have b*?a wMf I and Intentional in ibe a?naeof thia
Itftl/ucioii >f it shall hare b*?a proven io the lla'aet'oa of
llvjii'a, npen >he ?h >le evi.'rnee a'ore aM, that the prisoner
waa 10 fart iuaane a. Ihe time of such killing.
This ln?uootk>u embodies the law of this case on the
pellicular branch of it 10 which it relates, and is granted
with noma explanatory remarks as to insanity, with a
reHrcnoe to wbicb the prayer closes. A treu English
Jadge has said on the trial of Oxford, wbiiebot at the
(jm> n of Koglsnd, vol. 9 I arrinyton aDd Pame's Repirts,
p. 638, " That if the prisoner wai laboring under some
ontiotling dtsease which was, in trutri, tb-j acting power
with him which be ooula nol resist, ibeu he will not be
responsible." And aga u : " The question is whether bo
*< lawrinn uuurr ami BJ ' " VI <fi>ui wrun
you tbat be waa quite ???? of Ibd natn-o, nbar^ctcr
and oonaeqiiencea of tbi act be ?ne c<imm>u>D(, or, in
oib? r word*, whether be was under tbu intlucnuo of a
dfeutd mind and wa< really unconaclou* at the tine be
waa commtung Ibe act that tbat was a crime. A man Is
net to be rxcuatil frjaa responsibility if bo had capacity
and retxou lufflcitnt to enable him to >iigiiognwh
belwevn right anl wrong as to the pt-tk-oiar act bo
k? 4emg, a knowledge and tootciouroea* th?t the act he la
doing is wrong and criminal, ana ill iubjnct him to pun
labBicnt. In oruer to be re*pOf*it>!e, ho mast bare auffl
cient power of memorv to recollect toe relation tn wniob
ho ttendf to otheia, and in which otheia aUn-l to him;
tbat the act be ia doing m contrary to Um plain dwtatea of
jualke and right, injurious to otb'ra, an<l a violation of
the d cum. of duty. On tbe contrary, altboign he may
be laboring .ndcr a partial iiawn tr, if he null nnderetaada
tbe nature and ebarae'rr of hia aot and ita cooaeqaencea,
if be baa a knowledge tbat It Hi wrong and crimiaai,
and a mental power 8-jfflci< ?t to spuly tlut knowW-dge
to bla own naaa, and to know that If be doua the act,
he will do wrong and receive puninMn.-nt, such partial inatnlly
to not auffl-;i<nt to exemut hitn from rogpounibillty
for criminal acta (Vol 7, Metcalfe'* report*, pagan 6U0,
401 tori 608.) The aecand and Ibird Inetrtictknni asked for
by the l'olt?d Stat* a, will be ananered together. rbcy
?re IB there words:?
fieeond-H the jury betters from the evidence'bat the do
seated wml killed by the prisoner by nein of a Itsden bnlle
dUrbarxrd fro in a pistol, sue* killing Implies malice in lair
aad If Border
1 bird-that the burden of rsbnt'ln* the presumption of ma
ftte V f (booing r|-rum>taLO<u of allnvpttioa, excuse or iwulfl
stWn, reals on the pranncr. ami It la l"cutabenl oa him
Baki- ont nob elir umaUnces to the satisfaction of the jury, tin
lets they arlte out ot the evidence pro 'need agabiat him.
Bmh tbe?e iLStmoticM ate granted. The fourth in
trnnion asked for by toe United State* to in Uieae
Fourth -That every person la presumed to be of sound mind
mill the rJBtrary 1? pnved, aad the burden uf rebutu g this
preaamptlon iti's on ibo prisoner.
Th a prayer of tlio United State* la ai??.red by pray or
eleven of the -le'cnco The fifth Inatructloo naked by the
Untied Plate * Is in these worn*:?
)l Ibe Jnry believe, from the evidence, that the deceased previous
in tae daj uf bis de-Oh bid ailerons intercourse wits
Uic ape of the prlxmer; srd turth'-r, that tb? dee*ased on the
Sar oi bis diaib. abo?thr heto'e ibe prisoner lelt his house,
IA . I.i.lhfl* .< ! aKL.I.
hid or a pin mm of iMro, w?re ?"eu by ibe urla-mer;
and Uat, It flueaeed I y aurb orovoeaiwn tbe crUontr took the
IWe of On* rvrwil, uch p>ororiul?n dix rot jiwUfy the act or
teduce aacb killing from muraer to m?a?.?u?<?er
Such,the Court tblnka, tube law, an<l grant* the In tru<
t un Now we rotnw to tho?o afkod >>u Uio put of the
d?'l?u< e, ibe Arnt of nbtcb la In lh?no worda ?
Ftrtt -1 hrre la no preau motion of malice la lhl? naae, If nay
piix.faf aileilati.ii., exmiaa or juatlfloaUou" arise out of the
rUUixe for Uia pruen< otton.
There la, gentlemen, a legal preaamptlon of mallne la
wwj dellbi-rate killing, and Uie burden of repntl>ng it In
on 'be alayt r, nnitaa evidence of alleviation, ruiuiiwion,
icoan or Juatifoation ai ne out <"l tbn avldanoe ad<iuce.1
apatnat bim. Tot alevlailon, mitigation, mcme or J>ietl clou
mutt b? mch aa the law pritacrli a, aod witbra
tbe limiia already laid doara In the Instruction* given U
jau. Tbe second luauuctioo aaked for by the defenoe
aeootd-The eilaWmc?>n? natVe la aot preaimnVn in thl
aaaa If oa any rational theor cnn?M?iM with all tke erWenoe
tba brmllde waa alUt-sr juatulable. txouaahle, or aa act o
Tba aoawer (o Ibe drat prayer will be taken In oonnee
liap witn tola rrtpoi K.' to prayer number two: ? If apoc
aay ooarac of rtaaoting Conaiaiant with all tbe evidence,'
aod U>e law M laid uown by you to tje Court, anil ih<
rake by whwb it la ascertained wbat la legal provocation
what la JiifttifleaiKio or excuae, you abould noma to ib<
cenolu'loo that Ibere waa auch .loatlQcatlon or excuae, 01
that the homicide, waa manelangbler, then tbe preaumi*
ttoo of malice which every killing of a human being in
vol*'*, la met. You will recollect Mutt tmaiialaoghtor li
tbe killing of a man without malice. The third prayer oc
the part of the nelenae la ?
1 Biro. II, nn in- wnow nrmwntta hr proven
tton, ih* lb*ra l??ny r?Uunai hypouitl* unntiatfii Wil l ta'
r*Dcm?ioD thU ib* D.>Bil?iofl wta ju*Utnt>l? or eiciuujle, ih<
dofrndsui CftnnU b? ouTutnd.
The (t ?'-n 10 |>raynr mimtmr two ui an auswei
U> Ui?t- Th? tojrlh pr *jr?r \r?
Fourth. If th'Jiirj b*U?v? lh%t <*r wlwi lh? bnml
w1* #rr u * iwl IniniiiKd to kill Mr. hey, h>* gap nut b runvu l+c
A.1 mVD?l?u,h ?r
Thi* iBWiuri'oB tho Oinrt (l?niln?* to |l??; tnanilmfh
|?r mnv *xipt, *114 di ?t fi nqiirblly t]iwa ?aeri> tin, hUvh
lotffidcrt tn ti'?troy life, hul umlnr circ laiKtani'M abicli
rt-Uieu Uiu tofeaoe. The firth p/ajor w m ihoM wortU^
to merder ?r hum***
Neither m <*! iMiruoUon ta fan ted, u te the jury
twlorta tb? cecistoo o( *? eri 'ot fact, and to the fburt
lb* decwona ?f matter* of ja%t whlcb It ) the duty of Um
jury to m?lv? ftw w *>,nrt, ud from the evidence
*bd the h* applied to U^j (ert*, it * the province and
legal ngbt of toe Jary *j return a general verdict of guilty
or not guilty of milkier or maud laughter The ilxtii in auctions
for U>? defence are s?
f taih?If tbe jury Bad that Mr. f Kkiea killed Mr. Key, while
Ibe Wi? *? in criminal bifronorae with tiw wife of the for
er, klr. tickles cannot be convicted of ellber murder or maaale
If this prayer refera tn actual (filleting at the moment)
ailulteroua iinercourae with tbe wife of the prlaooer, the
sisyleg of the deceased wookl be manslaughter; and by
?xwting adultery I do not mean thai ibe prisoner stood
l.j sud witnessed tbe fart of adultery progreating, for it
Is eaiiy to suppose U>e actual fact to be established simultaneously
with the killing by other evidence tn perfect
consistence with the law; If, for instance, the husband
*?w the adulterer leave the bed of the wife, or shot htm
wbile trying to escape from bis chamber. If, however, a
day <>r ta'f a day Intervene between the conviction of tho
husband of the gulit of bis wife anl tbe deceased, and
after the U|*e of such time tbe husband tale too life of
the deceased, tbe law const 'ers that it was done dellbeia'ely,sud
declares that It is Border (Jarboe's case).
Tbe seventh and eighth Instructions can be answered together.
Tbey are as fol'ows:?
t'ev?nib? If, irom tbe wbole evidence, the jury believe tha
Mr lick leu cmml'Ud tbe act. hut, at tbe time of doing so, wa
under tbe intaence of a dlneased mind, and was really unem
rnb.uii ihot lie waa cooamUdug a crime, be Is not In law guilty
of murder.
klghb?If the jury believe that, from any predisposing
c? nee, tb? i>rii'urr'? mind vet impaired. ?nd at tbe lime ot
kiilisg k>r. Key, be berime or waa meutally Incapable of governing
btmself in reference U> Mi. Key, as the debauchee of
ot b't wife and at tbe time o* bis committing aaid ant waa, by
man of such cause. unconscious thai be waa commuting a
crian as to aaid Mr. Key, be is not guilty of any offence waal
Ibe Instructions asked by both these prayers are granted.
The ninth reads Urns:?
Ninth-It Is for tbe jury to say wbnt wss Ihe state of the prisoners
mind as to Ibe capacity to de?*Uie upon tbe crlmiJuUilv
ef the particular act ia question? thn homicide?ut the moment
i> occurred.
To this prayer the Court responded thus;?It is for the
Jury to say what waa tie state of Mr. Sickles' mind as
the capacity to decide upon the criminality of the bomocide.
rcceivirg tbe law as given to them In relation to
tbe degree of insanity, whether it will, or will not, excuss,
tbi y (tbe jury) finding the fact of the existence or nonexistence
or Mich degree of insanity.
80 much of tlx* Instructions as I bare now read, I grant
without qualification. Tne tenth prayer reads thus:?
Tenth- The law does not require that tba insanity wbieh
absolves fr? m crime should exist for any detlnlte period, but
oolv that it ei<at at lbs moment when Ihe act occurred with
which lbs accused stands charged.
Tbat instruction Is granted. The time when tho innanlty
in to operate is the moment when the crime
charged upon the pirty was committed, if oommiued at
all rhe eleventh and last instruction asked reads this
Kleventb?If the jury hare suy doubt aa to the ease either la
refeiece* to the homicide or (he question ot insanity Mr.
hick lea ihonid be acquitted.
This instruction, as I mentioned in referring to prayer
four of the United States, will be answered in conjunction
with it. It does not apt-ear to be questioned that if a
doubt is entertained by the jury the prisoner is to have
the benefit of it. As to the sanity or insanity of the pri
soner at the moment of commtUiig the act charged, it is
arf ued by the United States that every man being presumed
to be sane, this presumption must be ever ou roe by
evidence satisfactory to the Jury Ibat be was insane when
the deed was done. This is not the first time this inquiry
bas engaged my attention. Itae point was made
and decided at the June term, 1868, in the
case of the United States versus Devlins, when
the Court gave the lollowing opinion, which I
read from By notes of the trial. This prayer
it based on the idea that tho jury must be satis tod, beyond
all reasonable doubt, of the insanity of tho party fbr
whom the defense is set up Precisely as the United
8<at?s are bound to prove the guiU of a defendant to warrant
a convMtion I am well aware, and it has appeareo
on this argument, that It has been held by a Court of
high rank and reputation, that there must be a preponicrencc
of evidence in tavor of tho defence of insanity to
overcome the presumption of law that every killing ia
mnrder; and that the same Court has said that it there ia
an equilibrium, including, I suppose, the presumption mentioned
of evidence, the presumption ol toe defendant's innocence,
make the preponderance in his favor. Whether
a m.'U is msaisor not is a matter of fact; what degree of
iniaiiity will reiieve bim from responsibility is a matter
of law, the Jury finding the fact of the degree
too. Under tbe instruction of Urn Court, mu-der can be
committed only by a sane man. Rvorybody in presumed
to be rane who is charged with a crime, but when evidence
is adduced that a prisoner is insano,and coollicting
testimony makes a quest on for the Jury, they are to de
cide it like every outer matter of fact, and if they should
say or conclude that there is uncertainty, that they cannot
determine whether the defendant was or is not so insane
as to protect him, bow can they render a verdict
that a rane man perpetrated the crime and that no othor
can V Nor ia tnia plain view of the question unsupported
by, authority. In tbe t care of the Queen vs. Ley, in 1810,
Lew ins C. C p. 230 on a preliminary trial to asoertain
whether a defendant was sufficiently sane to go before a
petit Jury on ao indictment, Bullock, B., said to the Jury:
' If there be a doubt as to the prisoner's sanity and',the surgeon
>ay It is doubtful, you cannot say be lain a fit state to
be put on trial." This opinion was approved in the People
vs. Freeman, Vol. 4 Demo's Report, p. 9. This is a
k.rnLg rase, for the witness did not say tbe prisoner was
insane, but onl> tbat it wns doubtful whether it was so or
not. The burnt.ne, ?nd, I will add, Just doctrine, that a
reasonable oonbt mould avail a prisoner, belongs to a de(eu'
e of inranity as murb, in my opinion, as to any other
matter of fact. I believe, gentlemen, that that answer*
all the questions.
As iho Judge delivered his decision, not a word of it was
lost on the jury, counsel or audience. Every one in tha
crowded court room seemed to drink Id every word or It,
ud glsnces of intelligence, now beiokanibg satisfaction
and dow dissatisfaction, passed from ooantenance to
oounteuaDCS as a point reemed U be decided for or
artiest the prisoner. As the Judge ended, Mr. Brad/
stepped fiom bis position near the dock and whispered a
word In Mr. Chilton's ear.
Mr. Chilton rose and raid?If It please the Court, I rise
to renew the proposition which we made on Friday last,
to submit this ease to the jury without further discussion.
the District Attorney, half rising from his seat, said?
We accept It
Mr. Chilton?I wag going on to remark that I had the
hsppintss to believe, from wluU we said on that occasion,
thai it is proposition would be acceded to. I merely with
10 state to the Couit that I make It with the concurrence
of all the counsel for the defence, and, of eourse, with the
entire approbation of the prisoner; and white with some
of jour Honor's rulings we may not be entirely satisled,
yet we mo6t respectfully submit we think that it la doe to
every one connected with this trial?more especially to
the Jury?to oemmit this caae now to their hands, that
they may bo relieved as early as possible from the very
oDeroos duty that has been imposed upon them.
The I> strict Attorney?On the part of the prosecution
we concur entirely In the proposition Just made, and on
tbe instructions given by your Honor we mbmlt the case
Mr. Brad;?With the effect of your Honor'* ruling I am
?rtirf ly satisfied.
District Attorney?No dlseuaalon if you please.
Mr. Brady (locking pleasantly at the Jury)?I would
not inflict such a punishment on the Jury.
Judge?Mr. II uthai, (Ire the indictment to the Jar/.
Th? Indictment wax handed to Mr. Roaaon Arnold, and
the Jury retired to their consultation room.
In this District the Juror flrat sworn li not the foreman
The foreman la chosen by the Jury itself, and In this case
the selection rested, with reason, on Mr. Arnold, one of
he oldest and most Intelllfent looking men of the body.
The retiring of the jury at halfpast one, waa the signal
for throwing oft the restraint which had op t? this time
w elgbed upon every on-* In Court. Lawyers, officer*,
spectators and all, seemed to think themselves at
liberty to taik aa much as they pleased, and to give
vent to tbelr feelings and Impremiona. All got to
their feet and indulged In conversation. Many crowded
around the dock to cheer and support Mr. Hleklea
In lb la the pregnant moment of his fata. Among
those who gathered around Mr. Ktcklrs waa an
<Mlmable clergyman of this city?the Rev. Dr. Sunderland,
cf the Fourth Piesbytertan church?who,
taking Mr. HW.klea by the band, said: "Blr, I hare
come to eipresa to you my heartfelt sympathy, aoo
lo say that If the mice $1 the people of this city coukl
*]<rsk at this moment, your acquittal would be instants
neoua. In case, bowerer, an adverse verdict should be
rendered, be assured that you have hearts around you,
i and mine not the least warm of them, to sustain you In
your affliction." Mr. Sicklea waa much moved by tnia
incident, and expressed hit thanks aa well aa his cmeUon
would permit him.
Aa tho time woro on, the nDlne and eonfoalon grew
| greater, ana tno juogc, in a kikiu uhuiwi umuuht,
mtirktd thai, although under iho circumstance* he could
> Dotex|nct the audience to keep ailenoe, he hoped thero
| would be a slight regard exhibited for the place where
they wneAa
the mtnnWw grew Into quarter* and half hour*, there
, waa tome txprtieien of disappointment on the part of
i many, who Uiongbt that the Jury should not hare retired
at all, much leaa upend any time in ooniulUtion. It could
j not be aald, however, that there waa any atralnin/
i w>m; w mpprrnrnmon xoimMKi, juioorii mr. uurwu
rrmarktd tbat if thr Jury remained in thirty mlnutra It
would bn a 'bung'' c>r ro?hik Jury. Hut the Jury
<114 remain In, not thirty hut aeventy niienW?, and
I fortunately dlii not verify tno prrdntioo. Hio clock
(truck three, ?nd belore the round h?<l pumivl nway,
there ?M a movement at tho door by whlrb the Jury bid
! retired, indicative of their belnn on tbo pilot of re tnlor
jDf U* court.
li tlk me meal there tkol close to Ibe dock and
arosod it a prisoner the following genttrroen, bis devuie4
f/leodi all through U>? trial?Jamee T. Brady, El win N'
Sunntoo, Stmuel Chilton, Daniel A. Ratcllffe, P. Pbil
lips, Mr. Ma (ruder [these gentlemen wars his acting
oounftl}; Charles Graham, of New Tork; Jobs P. Bonis,
nr.. ki.., n. ir.ii nnku ?f York' Quit
WUey, of New York; the R t. Dr. Haley, of New
York; the Rev. Dr. Sunderland, of Waahlngtoo; the
Hon. Heverdy Jofcuion, of Baltimore; T. F. Moagtaer,
of New York, Nathaniel Lane of New York, T. H. McBlalr
of Washington, John Bavage of Washington, T.lI.Brown
of New York, John F. Coy la of Washington, the Rev. F.
C. Granbery of the Method1st Episcopal Church South at
Washington, William H Donobo o> Washlcgton, Kdward
Gould of California, B. JarTta of New York, J. ferret of
Washington, R. H. Latkey of Waahlngton, Alderman Ho
bon ol Watblrglon, W. H. Ward of Washington, P. H
Oarey of New York, Henry Acker of New York, Geo. W'
Brtga of New York, and others.
The door la opened. Tt-> Depoty Marshal ealle oat to
make room for the Jury. In they oome, one by one, and
proceed to take their seal* In the box. There la one gene
ral movement in tho court room to get a look at their
face*. A'1 reetralnt la forgotten. Bunches and for ma and
tublea are mounted by tho moat excited or mi*
. .1 II t. h?..< knr.
vcuiurrnoiutj. " hdid uio/ i/wim , > ? |
rlediy spoken on all sides. Then there to a succos
sloo of cries of "Down In front," " Get off tho
benches," "Sit down," "Slleuce in Court," -'Order,"
"Order." But It seems Impossible to rcatore order
till the Ju4ge directs th? Clerk to call the names of th
Jury, Hie uproar Instantly lube idea, and as the Clerk
cills the Jurors, snd thoy severally respond, one of the
officers call out the number. When the twelfth name is
ealled and responded to, a pin might be heard to drop in
the suddenly stilled Court.
Acquittal at til* Prisoner?- Thrilling En*
th nil asm.
The Jury are all standing.
Clerk?Daniel E. Sickles, stand up and look to the Jury.
Mr. Sickles stood up.
Ctok?Aow say yon, gentlemen, hare yon weed to
your verdict?
Mr. Arnold?We have.
Clerk?How say yon, do yon find tbe prisoner at the
bar guilty or not guilty?
Mr. Arnold?Not guilty.
As tb e?e words fell from tbe llpe of the Foreman, there
was one loud, wild, thrilling, ?multuoos hurrah tent up
by the spectators; cheer after cheer resounded in tbe
Court room, and it was taken op by the multitude on tbe
outside and rapeated. Hats and handkerchief^ were
waved, and there waa one general rush towards the deckIn
the mfdst of the uproar the stentorian voic? of Mr.
Stanton was heard addressing tbe Court in theee words:?
" I move that Mr. Sickles be discharged from custody."
Marshal Reldon?Come to order, gentlemen; coma to
order. This i> a place where there should bo no noise.
No one paid any attention to the Marshal.
Mr. Stanton?(boiling over with excitement)?In the
name of Mr. Sickles and of hie counsel I destro to return
thanks to the Jury.
Judge Crawford (who appeared to be only person in
Court not excited)?Mr. Sun tun wait till the verdict is
Mr. Stanton?Of course, your Honor, you most excuse
excitement on this occasion.
Clerk to the Jury?Your record i>, gODOemen, that you
Unl DanielE. 8ickiea "Not Guilty."
The Jury nodced affirmatively.
Clerk?And so say yon all.
Another affirmative nod from the Jury.
Mr. Stanton?1 now movothat Mr. Sickies be discharged
from custody.
Jurfge Crawford?The Court soorders.
Mr. Stanton (turning around)?Now, go it.
The Judge?No noise.
The prohibition was unheeded.
Mr. Sickles, amid the renewed cheers of the audience,
was taken out of the dock by Captain Wiley and Mr.
Brega ; the former, who is one of Mr. Sicklcs' most devoted
friends, kissed him at the moment of his deitveranoe
and held fast by him as they tried to make their way to
the door. It was slow work, for congratulations, earnest,
loud, and frankly expressed, saluted Mr. 8iclcles at all
points. Though strong emotton was exhibited In the
swollen views of bis temples, his eye was calm and steady
and the effort which he manifestly made lo obtain calmness
and composure was successful. Bis expression betrayed
no feeling of joy, but was rather that of a man who
felt conscious that be had run do risk, and that the trial
through which he had passed could have had no otbe
It was some minutes before Mr. 8ickles could reach the
jury box, which lay on his road to the door. The jnry
evinced a desire to congratulate him, and be stepped over
the forma to meet their salutations, which were heartily
The counsel for the defence also exchanged compliments
tnd rmffraiiiUtinr.ft altn ihn iurorfl.
Finally, by dint of much crushing and real exertion,
passage was eflected, an J as soon as Mr. Sickles was recognised
from the outside the cheers were again
taken up.
A reporter of the Hskald bad rushed down to the National
Hotel as soon as the jury returned, and, jumping on
the driver's box, drove up a hack to the Court House.
All the har k men on the stand and at Brown's Hotel followed
his f xunp e, and there was nearly a score of car;
riages at the Oily Hall as llr. Sickles came out.
. The news ran ltko wild&re through the city, and from
all (Ides crowds were hurrying to the City Hall. The
exeltement was as Intense as It was Instantaneous.
As lfr. Flcklts stepped down the stone stairs of the City
Hall, surrounded and supported by his immediate personal
friends, he was enthusiastically cheered, and loud
calls were made upon Mm for a spcoch.
With considerable exertion, for he was Cut becoming
faint, be was got Into one of the numerous carriages In
waiting. In the same carriage were Messrs. Wiley and
Brown, of New York. A movement was made by the
crowd to take the borses out of the carriage and to draw
it them*elves; but the movement was detected in time,
..nd prevented. Finally the carriage drove away, followed
by many othees and by an Immense crowd.
Mr. Blckles was taken to the bouse of Mr. UcBlair, next
to bis own residence.
Messrs. Brady, Stewart and Bavage were in the carriage
that followed immediately after; in another were IJcuun
am nuwr; auu ururi. ouuiiuu, ummin uiu iu|ruaer; in
another wore Mr. Sickle*' father, Dr. Mr. Mornhead and
M< isrs. WlkofT and Drria, and following theao wero lome
down otbrr etrrlagt*.
A* the cavalcade drove along at railroad speed tbroufrb
the streets It was greeted with loud and cntbumatili''
cheera. Thousands or people were fathered In front of
Mr. MrBlair'o hooce, and oonliuued to come and go
throughout the evsnlcg.
It 1* laid that Mr. Kicklc* will remain at Washington for
a week.
Tlie course I of Mr. Sicales, to night, were complimented
by a serenade, anil a large crowd gathered in front of the
National Hold, where ilosrs. Brady, Stanton, Magruder
i<nd Chilton briefly retumed thanks.
last named gentleman requested tbe assemblage to
forego their intention to serenade Mr. Skkles. Ho added,
tbatit was only necessary to any that Mr. Sickles wisbuit
to retire to rest undisturbed, and that be was j-ure thm
appeal would be roeperted.
Tbe crowd then proceeded to seronade Rev. Dr. Oaley
nd ibe Jurors.
Nine or ten of the Jurors came to Mr. Brady's parlor, in
tbe National, after all wan over, and there, In tbe freedom
of unrestrained conversation, expressed their real sentiments.
One of them (Mr. McDeimott) said, '?! want
yen, air, to tell tbe people of New York
that tho citizens of Washington are not behind
Uioae of any other part of tbe country in devotion to the
lamlly altar"?and yet tbta Jiiror wai spoken of al
through the trial aa one wbo would probably dltaent from
the reat.
Another of the Jnrors?a yonng man named Knight?
brought with him hia fllldle. With kirk hn >?<( V>.?n tn
tba habit of aolaclng blmaclf and lellom durto* tba
'o ii(i eTtnitja of their nee I union, and played ae??r?
atra. Be, toe, bad been rrgardrd with aoaptcton, bocauaa
of certain Kiiotr Nothing anteoreenta. "But,"' naye Mr.
Hrady, "If *? had known ibat bo played lb* tlddle w?
mi|tbt have omiln our minda eaay, fbr no lliidlur ?M ercr
known in And a conviction of murder."
The fotrmao, Mr. Arnold, laid thai hiaonly fair had b?<<n
Lbat bin baaltb might nol latt blm ibioiigbout tho tria:>
Md Uutt be hoped UuU hla latest poator.iy would bono*
r, APRIL 27, 1869.?TRIP'
his nxmory f">a? hte havlrg served oo th'e jury. Id tact,
tbe sentiments oT U>? jury, wlivrtuaiiy eiprrened in tb'S
uirsslrttoed oooversatioo, were bat a familiar aad boa>eJy
illustration of the opinion contained in their formal vorj
diet of "??t guilty."
It is said that when the jury retired one or them withdrew
into a corner and on lia knees asked divine guid
aucc?got up, roier' u uio coovern uw, ?* *? roww ~
the corner, and finally rose with his m ad lUlly made up
Is favor ot acquittal.
Mr. Arnold, the foreran),after an affec lotia'e greet" g
with Mr. Stanton, cxprefged bit satis action that be had
lived to render such a verdict. The name juror in congratulating
Mr. Htckles said Um'. he hoped and believed the
great God woold a quit at the jury had done.
Mr. Hopkins, another of the Jury and the wag and
mimic among them, expressing himself in regard t> the
Justification of Mr. Sickles, said he wonM Dot for himself
have been satisfied with a Derringer or revolvor, bat
would have brought a howitzer to bear on the seducer.
The emotions of the counsel, when the jury returned
their verdict, were manifested hi various way*. Mr.
Brady, in (pile of ail hia experience as a criminal lawyer,
became pale, nervous and sg.tated. Mr. Stanton, un\ble
to repress the emotions of his heart, Is described as having
almost rivalled David when be danced before ttto
Ark of the Tabernacle. The usual stolidity of Mr. Phillips
gave way, and covering his face with his hands
ho wept like a child. Messrs. Magruder, Ratcliffn,
and Chilton pressed forward and greeted their liberated
client. Mr. Meagher, In the exuberance of his heart,
elapped pecpl-i on the back, and asked if it was not
"glorious." The District Attorney said "he thought it
would be so," and his associate, Mr. Carlisle, avoided
the scene. As to the jailer, he wept deeply, and could
not understand Mr. Meagher when he condoled with him
on losing bis tenant.
Wawuxitom, April 20, 1840.
The court assembled at the usual boar, and the crowd
vu immense. The District Attorney continued his address
of yesterday, and spoke three hours, during which
the jury seemed restless.
When the Judge began to deliver his instructions to
the jury the silence was profound, and there was a more
Bient of ratkafactlon when he remarked, that if th?y believed
the prisoner unconscious of right or wrong at the
moment of hla encounter with Key, he was entitled to an
At the clese of the Judge's charge the defenoe declared
their readiness to submit the oase to iho jury, to which
tho prosecution promptly acquiesced. Every eye was
now turned upon the jury, who consulted lor a fuw moments
among themselves. It was thought from their
manner that they would render their verdict without
quitting the box, when suddenly they announced their
intention to Mttre.
The interval that elapied was full of anxiety to the
friends of the prisoner, whilst tho allies of tho prosecu
tion declared loudly that the jury were decided. During
all this interval the prisoner remained calm. To one of
his friends, who sought to allay his apprehensions, he responded,
"1 am resigned?'Thy will, not mine, be done.'"
Nearly an hour elapeed, when the roinor spread that the
jury were coming, and a vio'ent rush ensued. The j ury took
their usual plaoes, and a singular solemnity prevaded their
features and manner. A breathless silence prevailed.
"I'risoner, stand up," said the Clerk or the Court?"what
say you, gentlemen of the Jury, guilty or not guilty T" In
a voice almost inaudible from emotion, the foreman rcapo
nded, "Not guilty I"
The bnnt of feeling that ensued beggars all description.
For several minutes the Court was a scene of uproar
that was unparalleled. Hundreds yelled as though
gone mad, others wept, and a great number leaped into
the dock and embraced the prisoner wildly.
With great effort the Jadge and his officers obtained a
momentary lull, when his counsel, Mr. Stanton, moved
the discharge of the prisoner. tt was ordered, and Jtr.
Sickles was carried upon the shoulders of the crowd out
of the court room. For a moment he stopped and shook
hands with the jury, but ho was too much overcome to
utter a word. Many of the Jurymen went profusely.
Once outside the Court room, the shouting was re
ntwed, and there was a tremendous rush of the crowd ti
seise Mr. Sickles and embrace htm. The police wer
overthrown, and such wild demonstrations of affdctio:
and sympathy were probably never witnessed before
With a great effort he was extricated and borno away u
a carriage to the splendid residence of Major Mo Blair
where he was followed by hundreds of people of al
clarses. Once there, it was Impossible U> roust the in
petooslty of the popular feeling, and the bouse wa
thrown open. A steady current of people o
all clarses, ages and conditions tlowed throngl
It fbr several hours, who shook bands with Mr. Sickles
nd rrn0rit11lAtf.il him with a h?irtinraa th?t mnvuH his*
to tears. It 18 useless to describe tbe extraordinary man!
testations of public sentiment, which took every couceiva
ble shape.
The verdict or acquittal spread like wildfire through the
town, and for a moment all business was bus ponded.
The news reached Wiilard's Hotel at tho hour of dining
when the guests stood up and gave repeated hurrahs. A
vender of oranges, named Scott, rushel Into the
house where Mr. Sickles is a guest, and deposited
a large box of his choicest stock in the drawng room tc
exprcts his sympathy. Several other tradesmen did the
tame thing. It would fill columns to reoord the excil.ng
incidents that evinced in every direction the joy of the
community at this righteous verdict.
Tbe jury stood eleven to one, and only left the box tc
satisfy the scruples of some eccentric person who mad<
difficulty about serving after he had taken bis oath
Several of the Jarymen remarked on leaving the Court
room that their verdict bad vindicated their wives, theii
children, and their homes.
It Is rumored the mob propose to tear down the asslg
nation house made so infamous of late.
A serenade to the counsel lor the defence takes plaet
Mr Sickles Intends remaining here for several days.
Thus tho Sickles trial has ended, as everybody here foi
several days past supposed it woald, In an acquittal.
Tbe defence made a very nice point on the fact that a
I'erlDgcr was found upon the ground where the killing
occurred. They assumed that the weapon belonged t?
Key. The government made the attempt to prove thai
the weapon belonged to flckles, and for that purpose nub
(hi ned Mr. Schouler, one of the editors of the Boston Alia
and Bee, to appear here and testify, supposing that h<
was the author of an article which appeared in that papei
of the 6th instant, detailing an interview which the wriiei
had with Sickles In the District Jail on the day of the
shootisg, only a few hours after It occurred, In which I
appeared that Sickles stated bow he killed Key, and tba
be accomplished the work with two Ileriiiger's and obi
revolver, and that he threw one of his revolvers oo thi
ground after be had accomplished his object. It appear
that Schouler knew nothitr about the ai<Ms. and that i
wan written by Mr. Hanarom, one of tte oorreapoudeot
of tbc Altai and lit*. The latter gentlwan haa been h
Wmbington during tbe lant few daya, Mfte fact that h
bad tbe Interview with Sickle*, referred % and wrote 'hi
arti< 1?' la queation, waa nut known uaM 4QV both aide
concluded tl.e introduction of Uatimony. Ms ia con
aidcred on rscapc for S-ckloe, a* Brad; made the point tell
PmLAniu'iiu, April 2rt?5 P. If.
Warn It til known In Ibia city that th?-Jury in Waah
mg on Mr. Sickle*' trial for killing bad retired at tw
o'clock to d< liberate on their verdict, the ^reataat exctU
rent prevailed; and when the verdict of not guilty wa
announced by telegraph, the plaudlta of tbooaanda wer
loud and enthuaiaatic.
Never before wu a verdict rerclved with ttuc.h geocri
acclaim, and in which the fairest of God's oroation Join*
meat heartily.
The Newfoundland Flatteries.
[Translated Irom the Carta Pays of April 7 for the Nn
Youk EUrau>]
We have always watched the Newfoundland questloi
with the greek at care. We have Juat been laformefrom
Brest that the steam despatch boats 6ta?endl
Tenari and : ran?uls, forming, with the two schooner
toon to be at 81. Pierre and Miquelon, the naval dlvminni
i of Newfoundland, were ready for aervioe and bad boei
ordered to prepare for tea to sail for Newfoundland
Captain de Monta'gnae, nntamander of the naval division
i hi* luMiied his broad pennant on board the ftasaendl.
In Ibe rext campaign an inquisition will be opened a<
a* to enl'ghten the governments of Kranee an l Knglan<
on facte mmplalned of a long Urn*. Thia InqmsMiea wtl
enable ibtm to decide queatloas which are merely tb<
fkiihfol fulfilment of the treaties of 1713, 178.1, 18irj an.
181#, claimed by Krai ce. His said that. In order to at
> lam aa equitable solution of the proeent ditfarrncea, th<
two govemnii M bave given the moat oMUMNJ in
ntnictiorH to lie commanders ol their naval diviaong ata
iiodihI at Nwwloundland.
Pivorck Cucus in San Francisco.-In th1
Konrth PMlM < onrt of *?r Fr?nih<cn r?f?rpor?M w?r
ptfFrrtt in thf rnMo?"ng caiifs. Tit ?iVnwII W
lucob h Cornell, o-orj* w. how v?. Kir* ro??, omi?
\v. iUml v#. Ctrnlln* Wetland, Anu? K. UurullMra vl
> m*?wi b. ououmti.
The Condition of Hnfco-A Moiuachj Secommcndtd
?9 Her*
[From be Isncoo Herald (Lord Derby's ertan), April 11 }
Fiona the day thai Mexico Uirtw off Um tyiutMli yoke
DO declared itself Independent its aevetkl pnrv.uoe* tiavii
rarely known ao lnur*al of repose. Civil ?ir baa been J
i'b tor mat cocoitioii. Chief altar chief haa bean raised to
pi>?er. Lot to rule but to be deposed. The exllociiou of a
iowl hat only been the pre .araor to tbe <io?uUll of tbe
?dor. toy adventurer ?rbo had tbe bjIdDeNe to hoist
tw burner was sure of follower*. In '.hi p"??nce of a
lawlitt ?o I'lfty roiumerce and agriculture vainly exerted
U '.miu tves to enrich tbe country. Tbe prom we of high
rKttHol interest Wmpted tbe ca^ita^lkla of Europe to ail ]
v?tce loais ne?tr to be redotmed, and while they were
rolttd itie borrowers forftitod their credit and r wact.tr
>? tb*y did tut keep gooJ faith ura<>oj therate Tea, it la
ro1. piirpr'nri; Ui?t tuey irnke it to MpM Tbey
pimped the cuatcms revenue for their iKOta and id
tero pted lii* prboeds. TLo United .State*, Franco an<! ]
Frglai d were in*i.lt?d and robbed, and each usurper, In
bm torn, r?-<|uirinfc funt'a to imtin>in his epbt-meral
fewer levied forod contribution* on the realdmit citizi-na
of tboce cuiintr iea. The interacts of civilization iltmin led
that vo tine a conutry M ll-.-xiro should b? rescned froTi .
tbt* M*tf or auaii.b) : but diplomacy to vain ofibred lie J
friendly teivicet, aid, indeed, tuild re noon trance a^ioarK
to have U i n d?n u. d nt pusillanimity The ebo. t pig
mg'ii across the territory from ibo Atlantic to th? Pacific,
ei'lier by railway or eblp canal, of incalculable Impor
tai ce to the whole tradlrg comiunty, bare b vn ren
dered taeleta in roLitqaeoce of tbu anarchy tbat but
prevailed, and ttburodly tbu time baa arrived wbon force
t-bcuWi ri'Htna past wrocga, and take aacb stringent ,
nenhurt* a* may prevent tbelr recurrence. It is idie to
la It cf (.(Tending Mexican nationality, which haft u , 1
nxifWnce, unit** it he expressed by broken faith 1
to 'foreigners anl buccaneering oa tbe native
toll ; a;- d\f the peofdt cumnul ayrte on u farm of ynvn
mrt t avici y Ihtvutt&t iney mutt U t+uylit Uux'. Uuy cmnot
intuit and ?ja>IwU ether nalt ?i wMh iwpu*ity It la with
pltavure we ate enabled to atate ihat retribution hwfal |
len en I hem, and that the exbauated patience of England
and France has exacted an ample reparation, not at tbe
cannon's muuib, or by tbe eetzure of laud, after mi
fashion r.( the tutted Slate*, but bv compelling acta of
liibmiuton, ibe performnnce of which proclaims to tbo
whole couniry that the aggrieved parties Dave the power
to inflict militarv bod naval puotubment and are resolved
to exert it unless tbe roles of Justice are obeyed.
It will be remembered that oo the 26th of last September
tbe flags of England &Dd France were grossly Insmtel
at Tsmpico, in tbe Mute of Taoiaullpas, lor wbich outrage
reparation wax rr.tugei by tbe authorities. Tbe allied
French and Kngllfcb governments r< solved oo enforcing redressed
instructions to tbatedect were transmuted to the
commanders of the respective squadrons of the two natioos
and to the respective consulate*. Tbe Injurlea com
p.atncd of had arisen from tbe violent conduct of dh Exceliercy
Don Juan Jute de la Oarza, Governor of tbo Sute ,
of Tamaullpas, and be was compiled to sign the lermt!
of tbe reparation exacted, so that the mist signal satin
taction might be givi u to the Britiab and Krencn subjects
rteiutnl wltnln his jurisdiction. Tne arrangements were
embouisd In a protocol, and signed by persint! em(towered
by the Governor; and on the arrival o( the com
binca forces, the Devastation, Captain W?k?, aod the Lucifer,
Capt. Mari<-oult, tho ceremony was carried In'o
effect on ibe 8 h ol February lost, with mosi conspicuous
formalities. The garrison of Tampico was under arms;
tbe Governor and his stall' were present, surrounded by
all tbo military and civil authorities of the town,
tbe meeting being held at the fort, to which the
English anu French consuls and the captains of the
men of war repaired, being saluted both at their arrival
and departure with tbe honors due to their
ran It and mission. When the vessels had arrived at
tbe po'nt fixed upon tbe flags of bom were hoisted to the
tame height, each being saluted with a salvo of twestyoie
guns from the fort, but It was not returned from the
shit*. K wsb further ordered that the terms of this eon
?a:? ?f .MU.W ?w<4 anavafinn altH th? fai?t ftf 111
having been carried into execution, should be published
in the otlici&i journal of Tamplco, and It accordingly appeared
In the columns or A'f Prisma. A paragraph in the
same journal announce* that by the performance of thia
ceremony a good understanding hue been re established
between Mexico and the two great European Hovers.
This is not Ute only act or vigor we have to resord.
Captain Dun lop and the French admiral, in conjunction
with Mr. Otway, have secured remittances for the
English and French creditors, by their negotiations
with General Zamora, at Vera Cruz. The English and
French liens of the Custom House are in future to
be respected; and, according to a memorandum
received by the Mexisan bondholders from Mr.
Whitehead, the tariff of 1SS0 la to be restored. By such
restoration a great Injustice will cease. It appears that
the Governor of Vera Cruz, to draw the trade to that port,
reduced the duties on goods imported by twenty per cent,
which irregular indulgence, so Injurious to the creditor*,
is to be discontinued. The tenth article of the tariff,
wbich directs the payment of half the duties on the oo?at
and of the other half in the capital, la to be observed.
Redrees has also been demanded and obtained at M?i?l
Ian, the assignments of the bondholders on the Custom
House of tbat poft having been misappropriated. The
sums received during last year and diverted into a
fraudulent channel have been reclaimed, and the Mexican
authorities warned against the repetition of such dis
These acta redound to tbe credit of our foreign policy.
They evince vigilance and firmness combined with mod eration
We have not followed the cruel preoedent of
i bombarding Breytown, involving the innooent in Uio
punishment ol tbe guilty. We have enforced justioe with
the arms of mercy, not of strength, vindicating the honor
of our Aug without the elf onion ot blood. Not only has
> the mode of chastisement been humane, but it ouyht to
e be received as a^monl'ory and inatiuctive, teaching the
Mexican authorities that insult and rapine will no longer
be tolerated. Tbev have received a friendly notice Mrit
' they will be expectcd to fu dl their engasemr'n s and
n honestly pay their debts. If tbey are teachtble tbe lesion
administered by Lord Maimesbury will not soon be
' forgotten, and they will ecdeuvor to sustain their credit
" by tbeir industry; but the continued exercise of industry
i is impossible in a normal state of civil war. It may Ihen
nt aj. .w i. it,. ..r kv../.,*.## w
, #r?nn/?. m ?... -j ?
(Ac V'Xtratts uiill frame urine teUlnl form of ff-ir*mnent
f undir which life and property toll be sccure [bey may
i now contrut the treatment they have experienced from
the two leading l owers of Europo and tbe Uoit?d 8iat?a.
' Tbe latter have deprived them ot a portion of their terri1
tory, and only await a favorable opportunity for addition
al arnexation So lou* as they are disorganized and dia
itnUfd tbey o filter UmMatrea as a prey to tbeir amt-ittous
neighbor, wfcile England and France entertain no thoughts
of conquest. Tbclr Internet In to so? Mexico pros parous,
i at d the great highway* acrosfl tbe country from tbe Atlantic
to tbe Pacific re tiered accessible to oommerce. 80
long as periodical nnaicby mcuar-s. capital will be driven
> from its shorts, and those ben<>fli;iai works remain unat,
tempted. If we might offer an opinion, founded on expc'
rienee, we would express our noovielioo 0>at the Mexican
people are net tilted for political lioerty, as it exists in
I England or in the United States, and that daconl ami it1
, attendant erilt mil only ttare among th'rn urun their
>;nru.tu rtpuLUct are Hiperteded by numanhxutl vnUru
1 ilofw
1 The Nicaragua Canal.
Tbe Tndependati't of Brussels seems to take a great
interest Id tbe Nicaragua canal, and carefully chronicles
tbe doings of tbe cOlot rs of the company. We translate
tbe following tx tracts from Its l'aruiin correspondence:?
t'ARis, April 7, 1869.
. According to a letter from Grevtown, Colonel Morse
Cooper arrived there on the 1st of Marcn,w:th a suite of
English ofllcers. Tbe Colonel called on tbe Commissioner
of tbe government and the foreign Consuls The CoWnel
has emphatically declared that In taking possession of the
gractof the Nicaragua cunal, tne committee of directors
acted a* a private coirtnorcfil society, without the initiative
( or subvention or any government; that tbe committee
wlfch to accomplish a work of International commerce la
whuh all nations are invited to take part without privilege
or predominance for any of them. He added that tbe
t North Americans should Dot take umbrage at uw ent"r
prise, aa the committee of directors bad welded that the
citizens of the United Statts would be called to take part
In the counsel of administration with the stme rights aa
the French and English. He insisted on the point that after
the clashing and the deceptions suffered by the Central
American republics, those governments, animated by a
legitimate distrust for well known facts, would never
have consented to treat with the North Americans,
nor even perhaps with the English, tor the transit
acron their territory. The concourse of inoffensive in
tereits was required to realize a work of disinterested
?neutrality. I?pain couid not eitertain that pretension.
This role of mediation cad devolved upon France, and this
was understood by Mr. Belly when he signed the liberal
treaty of Rtvas, whlr.b baa conciliated all interests and put
an end to all competitions.
Pare", April 8,1889.
Yon cannot form an idea of the Importance attaened tr
the Nicaragua Canal in the Antilles. The consols anl se
vera! merchant* cf St. Thomas went on board to felicitate
Mr. Belly, who displayed to ihem the views of the com
m it tee of directors for the early construction of the inter,
national cat>al. He has affirmed th*l measures have twin
taken ?o that the canal will bo opened in lour years, aud
that in the mrantime the company was fiing to eaubltsh
free transit for the commerce of all nktlon* across the
Isthmus. .
It is on the part of the Isthmus situated bet wroa the
Papoit and the Bay of Salinss tbat tao small railroad for
the provisional transit ia to pass.
It is estimated that the engineers will have finished
the'r mrveys by the end of June wuen they will return
to Europe and dccide the p'aus of all tbe details of the
work. In tbe meantime Uie personnel remaining In
Nicaragua will be employed to prepare th?
? -Wii.V-.ARt t*t ?h? tnnait on thn rlVAr And ATfilM thi.
lutbmus, tor Uie correspondence of the oceanic jnckcta of
0 the Anglo Amer iciui Comi*uiy.
I- Park, April 10,1U9.
a The Oommittee of Direct or* have Dot I oat their Umo
during our recent political agitation; on the contrary, it
0 has skilfully been i mplovKl for the execution of a work
which fortunately cannot Ruder from the trouble* of
j Europe. Very active debates have, it la Mid, token
place between the committee and the contractor! awm
J the recipiocal guarantees to be stipulated between
the contract)n|t parties. It will be remembered that,
before bit departure for America, Mr. Felix Belly
bad mgrd that patl of tho capital should bo issued in the
r simps of a public (ubacrintion, a* he thought blmsolfeu
gaged on that point. Before introducing the affair to the
d public the committee of directors seemed prim ipally to
1 have ha t Id view lecnnty for the elocution of the wo* Km
, The company wish to remain at liberty to modoy at their
convenience the stipulations of the works by mean* of a
* facultative clause. The contractors will be obliged to per
> form tho woiks ac.cordrg to tb? ostimaies male by the
engineers of the company, with a proportionate locre?**,
, which would insure the'profits of the oantraoura. fte
latter will be obliged to subscribe a part of the capital, to
> tte extent of two million ster ing, so that they would re
er Ive two flftbs In sb ues and three in uwey. Per rtmtra.
I the contractors desire that the portion ot the capital m be
? r?ld 'or the works shall be depoelted in Uie Bank of fcu*
' land aad specially reserved lor that object. This slausj
bsi not given rise to soy contest
PoroiinntTTwAirTH.?T?? following rwoluttoaa wor?
|*a?e<1 at a demorraUe meeting M<1 in DiiIIhcounty,
Ala., on the lfllh ln"t
S R<>fol?e.l, IV t wtivV rly rcnsdUt* Stephen A. Drigtan
t mil hi* abolition hi'tofy that a IVmional Ugulalure mi)
i. prohibit ?laverv by native leg h aiioo.
i RtfolTtd, That under no c.ri .im^ianoro wH) ?? wpport
I. jfrplien A. ftouclM tor ?bfl I'roaidtDcy If nominated b>
Hit CfcMlMloa CubreuUuti.
Increase of the War Feeling Throughout
the Continent
Hostilities Expected in About
Six Weeks.
Decline In Cotton?Breadstuff and Provisions
Jb&, Ao.
Tbe wrew Mfumnhtp Orcassian, from fill**; 18th taut.,
irrived at 3t. John*, N. F., at noon yesterday. Her ad
rices are from Liverpool by mail to the evening of tbe
16th in ft.
Tbe Orcadian galled at & P. 11. yesterday, far New
Voik. She has 240 passengers for this port.
The Africa took oot the cream of the London papers O
Ibe 16 h. Nothing important tun since traoapired.
Tbe (teamrhip Africa left Liverpool on the morning of
tbe 16th for New York.
Tbe screw Bteamship Weger, from New York, April 3
arrived at Fouthanipton on tbe 13th.
Tbe steamrhip Arago, Irom New York, April 2, arrived
at Foutbampton on the 14th.
The Circassian, on ber outward voyage, arrivod u Galway
on tbe 14th.
Tbe ntwa continues threatening. The negotiations for
lbs Congress were progressing slowly. Austria positively
refuse* to take part therein without previous
simultaneous disarming.
Tbe latest complexion of affairs le warlike. Paris letters
regard peace aa hopeless. The movements of tbe French
troops had assumed most threatening proportions, and
preparations otherwise continaud.
The Ptfrie nevertheless asserts that Franee ia Mt
Austria's propositions in regard to the Hongress are
said to be unacceptable to France, which ia not prepared
to take the field for a month or six weeks. Napoleon,
consequently seeks delay.
The Paris Bourse was depressed, bat closed rather firm.
Three per cent rentes 67f 35c.
The Ministerial statement to the English Parliament aa
the affairs of Europ? had been postponed till the 18th.
Parliament had unanimously voted thanks to the cftil
and military edicers and the army in India tor the anpprersion
of the rebellion.
Lord Canning gets an earldom.
Parliament would be dissolved about the 21st.
Judge Haliburton ha* been knighted.
Commissioner Reed had arrived in London from China.
The arked for Russian loan had reached London. The
papers throw oold water on it
The Spanish Coogres* bad impeached ex Minister Golantee,
and he waa a prisoner.
The American ship Reindeer had been lost on the ooast
of Manila. She was bound to Son Francisco. Crow
The London money market was generally anehangad,
with u good demand. Consols eiosed on Friday, the 1Mb,
at MJi a 66 for money and account. The bull.on in the
Bank of England had decreased ?354,000.
axerici>' sacv'Rinra.
The market for American securities waa dull, but prtoes
had undergone no change.
Ltvwool, April 16,1859.
The broker's circular states the sales of the week at
43,(00 bales, of which 3,(KM were to speculators ud
6.5C0 for cxpoit. Prices of tbe inferior qualities bad declined
>,'d., while tbe middling descriptions were ll#d.
lower, and fair qualities unchanged, the market closing
quiet. Tbe depression was caused by tbe political dto~
quiet. Thfc authorized quotations were as follows:?
JUir. MiddUm
New Orlear 8* 7 6 10
Mobiles 7* Hl?
Uplands 7
Tbe stock was estimated at 407,000 bales, of which
841,000 were American.
Tbe Manchester advices are favorable. The marke1.
was quiet bat steady.
Tbe Urerpcol breadstuff* market was generally lira.
Rlchardcon, Spence & Co. quote flour quiet, and holders
demanding an advance, wheat tending upwards and a
slight advance ebtained in tome cases on former quotations.
Corn quiet; yellow, 6e. 8d. a 6s., wrnte, 7s. 3d. a
7s. 6d.
The Liveipoo'. provision market wsa generally firm
Beef was Arm at the late advance (reported per City of
Washington.) Pork firm at fall prices. Baoon quiet.
Lard dull at 5Rs. Tallow firm at 54s. a Ms. (kL
Ashes were Arm ai 39*. a 30*. 6d. for oM and 30a. fld.
a 31*. for new pota, and 81a. a 91s. 0d. for pearls, doslog
at the extreme rates. Sugar was doll and 84. *6d. lower.
Coffee was doll. Rloe closed buoyant, with an advance of
8d. a 6d. on Bengal. Rosin heavy: common, 4s. 6d., with
forced sales al 4s. 3d. a 4s. 4d. t-'plnU turpentine steady
at 41s. a 41s. 6d. Otis slow of sale, bat prloet anal tared.
Baring Brothers quote wheat firm, and bgllsh Is. a Si.
higher on U>? week. Iron dull: rails weak at 16 6a ; bars,
it 2s. 6d. Sugar steady. Tea firmer: common Ooogon,
Is. 2d. Cofleo Arm. Spirits turpentine firm at 48s. 4 441.
Middle town firm. Tin advanced 3s. a 4s.
New Orleans trvs or Jlnaue was quoted at lOgf., and
ditto bas. at lu2f. The tales of tbe weak ware 7,600 bales;
stock 137,000 bales.
Liverpool, April 18?10 A. It.
n>e (itfanrihip Niagara, from Boston via Halifax, will b?
up at about noon.
There is no Later commercial sews tbaa that forwarded
oo Saturday.
The political situation is unchanged, and the nsgmtkUoM
for Ihe Corgrots were progressing very flowly.
Several political prisoners In Trusala have been liberated.
There is, bnwevr. no general amnesty.
The French squadron has sailed for the Mediterranean.
The Tarts Bourse closed Arm on Saturday at 87f. &0e.
There is a rumor of a contemplated PranaUu loan for
military eventualities.
thk latkpt mar*ft*.
Limxpool, April lft?Evening.
The cotton mcket has fcsen very doll to-day; the
sales were 6,000bales, nearly all U> traio, the market
closing with a declining tendency.
Flour la steady. Wheat firm at full prices. Oorn flra,
with mure inquiry.
me proYition miiKn m
Lo.vnon, .April 10? RvwoIdk.
The produce market lo-day i? generally Arm and uncha>
Console doaed ?teady at for money and account.
Alfred fh m ?? York Feb 19, I nt.?, at ahaaghna; Aorfl
1.1 A*b'iur?or. at PeaJ; Mth, Jane fatten, In the Clyda; 1Mb,
ChULirf llor. M Uwpool.
>rrlr.<t irrin Kaw Orleara April 1?, I-aneaafr. and Martoa.
at Liverpool; Heary, at do, HU. Lady tela, aids; 18th, Latfiba
Ten, ftt <10.
apI> erf frina Mobil* April It, Dakotab. and hpnaaal Urrrp'X'l;
16ib, bhackamaicu, and arbroath, at do; 18th. Darid,
at i<o
Arrlml (mm Cbarleatnn April 16, Noemte, at Liter pool,
'eaUnn and )< m of nail*, do
Artlvrd from Savannah April 18, Admiral, at T.lvorpool.
Anived from Havana April IS, Haktra, at BrMnl; 14tb, II
Hk'dle ?t iirprpooi; iKlh, LouUlana, atrto,
fcatifd for ??w lork rab IN, Pa)light, from Hoaf Kontf;
Korobl, Manila, from tlsgapore; April U, Sardinia, and Star
n( 'he In ton ir?n t l??*r')of.
Lal ed tor Boatbu MareL IP, Andea, from Ookmbo.
Ih" Staff*, aahore on fand a Ialanl, will baeome a Wal
wriwk . .
1 be Rnrup 1 Owrra,,frti?n Ureraool for Balttmara, pW law
Plymouth linb. 'oak*. iind waadlarbariMng. ,. b
? Lip Kitty Klryn, from Lltlmial lor New Tork, pntbact IN
mat, leaky.
rrr , ?
Coal Shii'mints.?The abfpnH'Otii of coal aouth
otur thii lv> l.vktw^nit *n?l Whimd and Oentra
\c? i?nro?<1ii, to w>('*
,nK April l?. ?n..mU<l W 13 Ml too*. *?m? 8,811 Imi
th? tbipmrnta <?f oorrr'P<w<ili?t wwk >Mt ymr. Too
toul fh'pmont* ?mc? the flr?t of January amount ?j
lltf.lWU Iocs*

xml | txt